Gorrell v. Sneath et al

Filing 103

ORDER DENYING Plaintiff's Motion for Hair Analysis, Toxicological Testing and Administration of Polygraph Examination re 99 , signed by Magistrate Judge Jennifer L. Thurston on 9/16/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILSON GORRELL,
Plaintiff,

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v.

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THOMAS SNEATH, et al.,

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Defendants.

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Case No.: 1:12-cv-0554 - JLT
ORDER DENYING PLAINTIFF’S MOTION FOR
HAIR ANALYSIS TOXICOLOGICAL TESTING
AND ADMINISTRATION OF POLYGRAPH
EXAMINATION
(Doc. 99)

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Wilson Gorrell (“Plaintiff”) requests that the Court order the Bureau of Prisons to (1) “[t]ake a

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hair sample for testing for THC metabolites by a lab designated by the Court” and (2) [d]esignate a

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polygraph examination agency to conduct a polygraph to include questions submitted by Defendants

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pertinent to the issue of any use of THC by the Plaintiff while in custody of the [Bureau of Prisons].”

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(Doc. 99 at 2).

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Significantly, the Bureau of Prisons is not a party in this action, and the Court does not have

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jurisdiction over non-parties in this action. See Porter v. Jennings, 2011 U.S. Dist. LEXIS 146198 at

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*3-4 (E.D. Cal. Dec. 20, 2011) (denying the plaintiff’s request that the Court order the California

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Department of Corrections (“CDCR”) permit a state-certified polygraph examination in part because

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the CDCR was not a party to the action and the Court lacked the jurisdiction to require the CDCR to

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act). Moreover, the Court cannot expend public funds without authorization by Congress. Id., at *3

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(citing Tedder v. Odel, 890 F.2d 210, 211-12 (9th Cir. 1989); United States v. MacCollom, 426 U.S.
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317, 321, (1976)). Because Congress has not authorized funds for testing such as requested by

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Plaintiff, his requests cannot be granted.

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Accordingly, IT IS HEREBY ORDERED: Plaintiff’s motion for hair analysis toxicological
testing and administration of a polygraph examination (Doc. 99) is DENIED.

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IT IS SO ORDERED.
Dated:

September 16, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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